Child custody involves where and with whom the children
under 18 years old will live and who will have responsibility for
making legal decisions regarding them. Court decisions regarding
custody remain in effect until the child reaches the age of 18.

Legal Custody

Whoever has "legal custody" has the right to make important decisions
about a child's care such as medical care or religious
upbringing. If
the Judge gives joint legal custody, the parents make major decisions
about the child together. It doesn't matter which parent the
child
lives with; both parents must agree on the decisions together. If
the
Judge gives one parent sole legal custody, only one parent has the
right to make major decisions for the child.

In New York, an arrangement for joint custody has to be agreed upon
by the parties. The court cannot force a party to accept a joint
custody plan. Therefore, if one party wants sole custody and
the
other party wants joint custody, there must be an agreement for a joint
custody arrangement.

Physical Custody

Whoever has "physical custody," also known as residential custody, is
responsible for the actual physical care and supervision of a
child. If
the Judge gives joint physical custody, the child lives with each
parent for an equal amount of time. If the Judge gives sole
physical
custody, the child lives with this adult more than 50% of the time and
this person is the custodial party and the noncustodial party will have
visitation.

Best Interests of the
Child

The court awards custody and visitation based on what is best for the
child. The judge will look at many factors to figure out what
would be
in the best interest of the child, such as:

(1) Which parent has been the main care giver/nurturer of the child;

(2) The parenting skills of each parent, their strengths and weaknesses
and their ability to provide for the child's special needs, if any;

(3) The mental and physical health of the parents;

(4) Whether there has been domestic violence in the family;

(5) Work schedules and child care plans of each parent;

(6) The child's relationships with brothers, sisters, and members of
the rest of the family;

(7) What the child wants, depending on the age of the child;

(8) Each parent's ability to cooperate with the other parent and to
encourage a relationship with the other parent, when it is safe to do
so.